Prosecution Insights
Last updated: April 19, 2026
Application No. 18/794,959

SOUNDER DEVICE FOR USE WITH A DETECTOR

Non-Final OA §103§DP
Filed
Aug 05, 2024
Examiner
BURGDORF, STEPHEN R
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Power Design Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
364 granted / 572 resolved
+1.6% vs TC avg
Strong +44% interview lift
Without
With
+43.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
597
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 572 resolved cases

Office Action

§103 §DP
DETAILED ACTION America Invents Act The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Applicant’s claim for domestic priority under 35 USC §120 is acknowledged: This application, filed 5-August-2024, is a continuation of application 18/381,918, filed 19-October-2023, and subsequently issued as patent US 12,056,007 B2. This application, therefore, is accorded a prima facie effective filing date of 19-October-2023. Information Disclosure Statement The information disclosure statement IDS#1 submitted on 8-August-2024 (19 references) has been considered by the Examiner and made of record in the application file. Claim Objections Objection is made to claims 7 and 8 because of the following informalities: Claim 7 is directed to “The sounder device of claim 1….”, and is an exact duplicate of claim 2. The Examiner assumes, for the purpose of examination, that the limitations of this claim were intended to depend from the fire detection and alarm system of claim 6. Claim 8 is directed to “The sounder device of claim 7….”, and therefore, a duplicate of claim 3. The Examiner will assume, for the purpose of prior art examination, that the limitations of this claim were intended to depend from “The fire detection and alarm system of claim 7….” Appropriate correction is required. Double Patenting Claims 1-18 are rejected for non-statutory double patenting: The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Current Application US 12,056,997 B1 (Parent) Claim 1: A sounder device for use with a detector, comprising: a wall mounting face at a back of the sounder device that is flat and defines a common plane, and that is configured to be against a wall when the sounder device is mounted on the wall; a mounting portion having a mounting surface opposite the wall mounting face that is configured to receive the detector, the mounting portion including an electrical connector having power terminals and an alarm terminal; a housing portion formed as a lobe at a side of the mounting portion and the mounting surface, in a direction parallel to the common plane, that has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane, and including: a rechargeable battery; and a speaker; a charge control circuit coupled to the power terminals and operable to charge the rechargeable battery; an amplifier coupled to the speaker and configured to drive the speaker; and a control circuit coupled to the alarm terminals and to the amplifier, the control circuit being configured to detect an alarm state at the alarm terminal and in response cause the amplifier to drive the speaker at frequency below 3250 Hz. Claim 1: A sounder device for use with a detector, comprising: a mounting face at a back of the sounder device that is configured to be against a wall when the sounder device is mounted on the wall; a mounting portion configured to receive the detector, the mounting portion having a mounting surface, and including an electrical connector having power terminals and an alarm terminal; a housing portion located at a side of the mounting portion and including: a rechargeable battery; a speaker; and wherein the housing portion extends outward relative the mounting surface a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of a detector mounted on the mounting surface when the detector is mounted on the mounting surface; a charge control circuit coupled to the power terminals and operable to charge the rechargeable battery; an amplifier coupled to the speaker and configured to drive the speaker; and a control circuit coupled to the alarm terminals and to the amplifier, the control circuit being configured to detect an alarm state at the alarm terminal and in response cause the amplifier to drive the speaker at frequency below 3250 Hz. Claim 2: The sounder device of claim 1, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. Claim 2: The sounder device of claim 1, wherein the electrical connector includes a positive power terminal, and negative power terminal, and an alarm terminal. Claim 3: The sounder device of claim 2, wherein the housing extends outward a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of a detector mounted on the mounting surface when the detector is mounted on the mounting surface. Claim 3: The sounder device of claim 1, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Claim 4: The sounder device of claim 1, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Claim 4: The sounder device of claim 1, wherein the amplifier is powered by the rechargeable battery if power is lost at the power terminals. Claim 5: The sounder device of claim 1, wherein the amplifier is powered by the rechargeable battery when power is lost at the power terminals. Claim 6: A fire detection and alarm system, comprising: a sounder device including: a mounting face that is flat and configured to be mounted against a wall, and that defines a common plane; a mounting portion having a mounting surface opposite the mounting face, and having an electrical connector disposed at the mounting surface having power terminals and alarm terminals; a housing portion formed as a lobe adjacent the mounting portion in a direction parallel to the common plane, which has a width that is narrower than a width of the mounting portion, and including a rechargeable battery and a speaker; an amplifier coupled to, and configured to drive the speaker; a control circuit coupled to the alarm terminals and configured to detect an alarm state at the alarm terminals and in response cause the amplifier to drive the speaker at an alarm tone that is less than 3250 Hz; and a detector mounted on the mounting portion of the sounder device, the detector having power terminals coupled to the power terminals of the electrical connector disposed at the mounting surface, and having an alarm terminal connected to the alarm terminal of the electrical connector disposed at the mounting surface, wherein the detector is configured to detect an ambient condition indicative of a fire and in response assert an alarm state at the alarm terminal. Claim 5: A fire detection and alarm system, comprising: a sounder device including: a mounting face that is configured to be mounted against a wall; a mounting portion having a mounting surface opposite the mounting face, and having an electrical connector disposed at the mounting surface having power terminals and alarm terminals; a housing portion adjacent the mounting portion including a rechargeable battery and a speaker; an amplifier coupled to, and configured to drive the speaker; a control circuit coupled to the alarm terminals and configured to detect an alarm state at the alarm terminals and in response cause the amplifier to drive the speaker at an alarm tone that is less than 3250 Hz; a detector mounted on the mounting portion of the sounder device, the detector having power terminals coupled to the power terminals of the electrical connector disposed at the mounting surface, and having an alarm terminal connected to the alarm terminal of the electrical connector disposed at the mounting surface, wherein the detector is configured to detect an ambient condition indicative of a fire and in response assert an alarm state at the alarm terminal; and wherein the housing portion extends outward relative the mounting surface a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of the detector. Claim 7: The sounder device of claim 1, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. Claim 6: The fire detection and alarm system of claim 5, wherein the electrical connector includes a line power terminal, a neutral power terminal, and the alarm terminal. Claim 8: The sounder device of claim 7, wherein the housing extends outward a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of a detector mounted on the mounting surface when the detector is mounted on the mounting surface. Claim 7: The fire detection and alarm system of claim 5, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Claim 9: The fire detection and alarm system of claim 6, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Claim 8: The fire detection and alarm system of claim 5, wherein the sounder device further comprises an alarm relay. Claim 10: The fire detection and alarm system of claim 6, wherein the sounder device further comprises an alarm relay. Claim 11: A system for fire detection and alarming for a building having a plurality of residence units, comprising: in each residence unit of the plurality of residence units, a plurality of sounder and detector paired units, each sounder and detector paired unit comprising: a sounder unit mounted on a wall at a back of the sounder unit which defines a common plane, the sounder unit having an electrical connector including an alarm line, the sounder unit having a mounting portion having a mounting surface, and having an electrical connector disposed at the mounting surface having power terminals and an alarm terminal, the alarm terminal being connected to the alarm line, the sounder unit having a housing portion formed as a lobe at a side of the mounting portion in a direction parallel to the common plane; a detector that is mounted at the mounting surface and electrically connected to the electrical connector, the detector being configured to detect at least one of fire or smoke and generate an alarm signal at the alarm terminal and an audible alarm at a first frequency; and wherein the sounder unit is configured to detect the alarm signal and in response generate an audible alarm at a second frequency; and wherein an alarm relay of the sounder unit is connected to an alarm panel of the building. Claim 9: A system for fire detection and alarming for a building having a plurality of residence units, comprising: in each residence unit of the plurality of residence units, a plurality of sounder and detector paired units, each sounder and detector paired unit comprising: a sounder unit mounted on a wall having an electrical connector including an alarm line, the sounder unit having a mounting portion having a mounting surface, and having an electrical connector disposed at the mounting surface having power terminals and an alarm terminal, the alarm terminal being connected to the alarm line, the sounder further having a housing portion adjacent the mounting portion; a detector that is mounted at the mounting surface and electrically connected to the electrical connector, the detector being configured to detect at least one of fire or smoke and generate an alarm signal at the alarm terminal and an audible alarm at a first frequency; wherein the housing portion of the sounder unit extends outward relative the mounting surface a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of the detector; wherein the sounder unit is configured to detect the alarm signal and in response generate an audible alarm at a second frequency; and wherein an alarm relay of the sounder unit is connected to an alarm panel of the building. Claim 12: The system of claim 11, wherein the first frequency is 3250 Hz and the second frequency is 520 Hz. Claim 10: The system of claim 9, wherein the first frequency is 3250 Hz and the second frequency is 520 Hz. Claim 13: The system of claim 11, wherein the sounder unit includes a rechargeable battery that is charged via the electrical connector. Claim 11: The system of claim 9, wherein the sounder unit includes a rechargeable battery that is charged via the electrical connector. Claim 14: The system of claim 13, wherein the rechargeable battery and an audio amplifier are housed in in the housing portion. Claim 12: The system of claim 11, wherein the sounder unit further includes a rechargeable battery and an audio amplifier that are housed in the housing portion of the sounder unit. Claim 15: The system of claim 11, wherein the alarm line of each residence unit of the plurality of residence units is the only alarm line connected between the residence unit and the alarm panel for each residence unit of the plurality of residence units. Claim 13: The system of claim 9, wherein the alarm line of each residence unit of the plurality of residence units is the only alarm line connected between the residence unit and the alarm panel for each residence unit of the plurality of residence units. Claim 16: The system of claim 11, wherein the housing portion has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane. Claim 17: The system of claim 11, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. Claim 18: The system of claim 17, wherein the housing extends outward a first distance in a direction perpendicular to the mounting surface, where no portion of the housing portion extends further than the first distance, and the first distance is selected to be less than a distance from the mounting surface to a skirt of a detector mounted on the mounting surface when the detector is mounted on the mounting surface. Claims 1-18 are rejected on the ground of non-statutory double patenting as unpatentable over claims 1-13 of Dresser (United States Patent # US 12,056,997 B1), hereinafter Parent, in view of McCracken (United States Patent # US 6,492,907 B1). Although the claims at issue are not identical, they are not patentably distinct from each other because: Consider independent claim 1: Parent, claim 1, recites or suggests all of the limitations of independent claim 1 except a housing portion formed as a lobe at a side of a mounting portion and mounting surface, in a direction parallel to a common plane, that has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane. McCracken discloses an analogous smoke detector system adapted for use with an external power source, wherein the smoke detector is mounted on a mounting plate attached to a ceiling or wall, and particularly embodiments in which various accessory units with additional functions, such as a light or backup battery, within a housing may be attached to the mounting plate and connected to the smoke detector, forming an appendage or protrusion adjacent the smoke detector [Title; Abstract; Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)]. PNG media_image1.png 402 228 media_image1.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to extent a mounting plate to which a smoke detector may be attached, to allow one or more accessory housing units to be attached and electrically connected to the smoke detector as an appendage or extension of the smoke detector mount portion as taught by McCracken and applied to the sounder device for use with a smoke detector as claimed by the Parent, to allow additional features and capabilities to be added to a smoke detector system on an ad hoc basis. McCracken does not disclose that the housing and/or mounting plate portion used by an add-on accessory is narrower that that portion used for the smoke detector but this would have been obvious to an artisan as a simple design choice, without having an effect on the use of function of the invention. The use of a smaller size (narrower) housing would, for example, allow the same manufactured accessory units to be used in other systems which may be more size constrained. In addition, whereas McCracken disclose the mounting portion as a plate (20) for attachment to a wall or ceiling, it would have been obvious to make this plate as large as necessary (larger than the housing elements) in order to accommodate building structural elements, without changing the function of the invention. Consider claim 2 and as applied to claim 1: The additional limitations of this claim are taught by Parent claim 1. Consider claim 3 and as applied to claim 2: The additional limitations of this claim are taught by Parent, claim 1. Consider claim 4 and as applied to claim 1: The additional limitations of this claim are taught by Parent claim 3. Consider claim 5 and as applied to claim 1: The additional limitations of this claim are taught by Parent claim 4. Consider independent claim 6: Parent, claim 5, recites or suggests all of the limitations of independent claim 6 except a housing portion formed as a lobe at a side of a mounting portion and mounting surface, in a direction parallel to a common plane, that has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane. These limitations correspond to those recited in claim 1, and are taught by McCracken, and/or obvious based on the same citations and analysis as for claim 1. Consider claim 7 and as applied to claim 6: The additional limitations of this claim are taught by Parent claim 5. Consider claim 8 and as applied to claim 7: The additional limitations of this claim are taught by Parent claims, 1 and 5. Consider claim 9 and as applied to claim 6: The additional limitations of this claim are taught by Parent claim 7. Consider claim 10 and as applied to claim 6: The additional limitations of this claim are taught by Parent claim 8. Consider independent claim 11: Parent, claim 9, recites or suggests all of the limitations of independent claim 11 except a housing portion formed as a lobe at a side of a mounting portion and mounting surface, in a direction parallel to a common plane. McCracken discloses an analogous smoke detector system adapted for use with an external power source, wherein the smoke detector is mounted on a mounting plate attached to a ceiling or wall, and particularly embodiments in which various accessory units with additional functions, such as a light or backup battery, within a housing may be attached to the mounting plate and connected to the smoke detector, forming an appendage or protrusion adjacent the smoke detector [Title; Abstract; Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to extent a mounting plate to which a smoke detector may be attached, to allow one or more accessory housing units to be attached and electrically connected to the smoke detector as an appendage or extension of the smoke detector mount portion as taught by McCracken and applied to the sounder device for use with a smoke detector as claimed by the Parent, to allow additional features and capabilities to be added to a smoke detector system on an ad hoc basis. Consider claim 12 and as applied to claim 11: The additional limitations of this claim are taught by Parent claim 10. Consider claim 13 and as applied to claim 11: The additional limitations of this claim are taught by Parent claim 11. Consider claim 14 and as applied to claim 13: The additional limitations of this claim are taught by Parent claim 12. Consider claim 15 and as applied to claim 11: The additional limitations of this claim are taught by Parent claim 13. Consider claim 16 and as applied to claim 11: Neither the Parent claims nor McCracken specifically discloses that the housing and/or mounting plate portion used by an add-on accessory is narrower that that portion used for the smoke detector but this would have been obvious to an artisan as a simple design choice, without having an effect on the use of function of the invention. The use of a smaller size (narrower) housing would, for example, allow the same manufactured accessory units to be used in other systems which may be more size constrained. Consider claim 17 and as applied to claim 11: The additional limitations of this claim are taught by Parent claim 9. Consider claim 18 and as applied to claim 17: The additional limitations of this claim are taught by Parent claims 1 and 11. Claim Rejections - 35 USC §103 The following is a quotation of 35 USC §103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention. Claims 1, 2, 4-7 and 9 are rejected under 35 USC §103 as unpatentable over Yamano (United States Patent Application Publication # US 2009/0085727 A1) in view of Schmid (United States Patent Application Publication # US 2015/0145684 A1), Albert et al. (United States Patent Application Publication # US 2011/0193713 A1), hereinafter Albert, and McCracken (United States Patent # US 6,492,907 B1). Consider claim 1: A sounder device for use with a detector, Yamano discloses a sounder fitted to an alarm device that gives an alarm by detecting various kinds of abnormalities, and outputs an alarm to notify the occurrence of an abnormality, based on the output from the alarm device [Title; Abstract; Para. 0001, 0012-0015], comprising: a mounting face at a back of the sounder device that is flat and defines a common plane, and that is configured to be against a wall when the sounder device is mounted on the wall; wherein a fitting base (10) is mounted to a ceiling (or in embodiments, to a wall) and wherein a base sounder (20) (sounder device) top side is fitted to the fitting base bottom side [Fig. 1, 2; Para. 0071, 0074-0075, 0098]; a mounting portion having a mounting surface opposite the wall mounting face that is configured to receive the detector, the mounting portion including an electrical connector having power terminals and an alarm terminal; wherein the base sounder bottom side is configured to interface to a fire detector portion (30), the both the fire detector and sounder base having interfacing contacts (terminals) (three shown) for power and detector output [Fig. 1-2; Para. 0075, 0077]; a housing portion formed as a lobe at a side of the mounting portion and the mounting surface, in a direction parallel to the common plane, that has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane, and including: a rechargeable battery; and a speaker; the sounder base housing a speaker or piezo element (27) for generation an audible alarm [Fig. 8, 10; Para. 0071, 0082, 0086]; a charge control circuit coupled to the power terminals and operable to charge the rechargeable battery; a circuit substrate (PCB) (26), which may contain a power control unit [Fig. 8, 10; Para. 0082]; an amplifier coupled to the speaker and configured to drive the speaker; and a control circuit coupled to the alarm terminals and to the amplifier, the control circuit being configured to detect an alarm state at the alarm terminal and in response cause the amplifier to drive the speaker at frequency below 3250 Hz; the circuit substrate may also comprise a control circuit [Fig. 8, 10; Para. 0082]. Yamano does not specifically disclose: (a) use and managing of rechargeable batteries, (b) an amplifier for driving the speaker, or particular audio alert characteristics, of (c) a housing portion formed as a lobe at a side of the mounting portion that has a width narrower than the width of the mounting portion. These features were known in analogous prior art, however, and for example: Schmid discloses an auxiliary device for a hazard alarm, with a similar mounting arrangement comprising a base (SO), an auxiliary device (R1) and detector (M) [Title; Abstract; Fig. 3-4; Para. 0008-0009, 0057], and particularly: (a) that the auxiliary unit may comprise batteries (BAT) and a speaker [Fig. 3-4, 11; Para. 0036, 0059, 0079]. Albert discloses a similar supplemental alert device for mounting separately from, but proximately to, a detector device [Title; Abstract; Fig. 1-2; Para. 0007-0008] and particularly: (a) the use, monitoring and charging of batteries for the supply of power (60, 63) [Fig. 2; Para. 0008, 0043, 0051], and (b) the auxiliary device comprises an audio amplifier for driving a speaker wherein the alert audio signal may be a 520 Hz square wave [Fig. 2; Para. 0038-0041: claim 26-28]. McCracken discloses an analogous smoke detector system adapted for use with an external power source, wherein the smoke detector is mounted on a mounting plate attached to a ceiling or wall, and particularly embodiments in which various accessory units with additional functions, such as a light or backup battery, within a housing may be attached to the mounting plate and connected to the smoke detector, forming an appendage or protrusion adjacent the smoke detector [Title; Abstract; Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)]. McCracken does not disclose that the housing and/or mounting plate portion used by an add-on accessory is narrower that that portion used for the smoke detector but this would have been obvious to an artisan as a simple design choice, without having an effect on the use or function of the invention. The use of a different size housing would, for example, allow the same manufactured accessory units to be used in other systems which may have different size sensor units. In addition, whereas McCracken disclose the mounting portion as a plate (20) for attachment to a wall or ceiling, it would have been obvious to make this plate as large as necessary (larger than the housing elements) in order to accommodate building structural elements, independent of the particular size of sensor, sounder or other accessory housing, and without changing the function of the invention. Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) equip an auxiliary sounder housing with batteries, and control circuits in detector mounting portion, as taught by Schmid, where (b) the batteries may be rechargeable, the housing comprising battery charging and monitoring circuits, and an amplifier for driving the speaker at 520 Hz as taught by Albert, and (c) where one or more housing portions may be attached to a common mounting plate, as an appendage to and electrically connected to the smoke detector mount portion as taught by McCracken, applied to a sounder fitted to an alarm device as taught by Yamano to: (a) allow the device to operate when Ac power is lost, and without requiring periodic battery replacement, (b) to allow provision of a high volume alert, using a known and familiar alert sound, and (c) to allow additional features and capabilities to be added to a smoke detector system on an ad hoc basis. Consider claim 2 and as applied to claim 1: The sounder device of claim 1, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. The ancillary module housings as taught by McCracken, are three-dimensional elements, containing components for performing a particular function [Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)], and as such extend both along the mounting surface in two dimensions, and perpendicular to the surface in a third axis. Consider claim 4 and as applied to claim 1: The sounder device of claim 1, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Albert specifically discloses that the alarm audio signal may be a 520 Hz square wave [Para. 0038-0041: claim 26-28]. Consider claim 5 and as applied to claim 1: The sounder device of claim 1, wherein the amplifier is powered by the rechargeable battery when power is lost at the power terminals. Schmid and Albert teach operation from a battery, but not explicitly as automatic backup if primary power is lost. This is well known in prior art, however, and for example: McCracken discloses use of rechargeable batteries in a backup capacity [Fig. 3-4; Col. 8, 34-65]. Consider claim 6: A fire detection and alarm system, Yamano discloses fire alarm system comprising a sounder fitted to an alarm device that gives an alarm by detecting various kinds of abnormalities, and outputs an audio and/or visual alert to notify the occurrence of an abnormality, based on the output from the alarm device [Title; Abstract; Para. 0001, 0012-0015], comprising: a sounder device including: a mounting face that is configured to be mounted against a wall; wherein a fitting base (10) is mounted to a ceiling (or in embodiments, to a wall) and wherein a base sounder (20) (sounder device) top side is fitted to the fitting base bottom side [Fig. 1, 2; Para. 0071, 0074-0075, 0098]; and that defines a common plane; a mounting portion having a mounting surface opposite the mounting face, and having an electrical connector disposed at the mounting surface having power terminals and alarm terminals; wherein the base sounder bottom (opposite) side is configured to interface to a fire detector portion (30), the both the fire detector and sounder base having interfacing contacts (terminals) (three shown) for power and detector output [Fig. 1-2; Para. 0075, 0077]; a housing portion formed as a lobe adjacent the mounting portion in a direction parallel to the common plane, which has a width that is narrower than a width of the mounting portion, and including a rechargeable battery and a speaker; the sounder base housing a speaker or piezo element (27) for generation an audible alarm [Fig. 8, 10; Para. 0071, 0082, 0086]; an amplifier coupled to, and configured to drive the speaker; a control circuit coupled to the alarm terminals and configured to detect an alarm state at the alarm terminals and in response cause the amplifier to drive the speaker at an alarm tone that is less than 3250 Hz; a circuit substrate (PCB) (26), which may contain a power control unit and a control circuit [Fig. 8, 10; Para. 0082]; and a detector mounted on the mounting portion of the sounder device, the detector having power terminals coupled to the power terminals of the electrical connector disposed at the mounting surface, and having an alarm terminal connected to the alarm terminal of the electrical connector disposed at the mounting surface, a fire detector (30) which integrates mechanically and electrically with the bottom face of the sounder unit, and wherein terminals (3 shown) of the sounder unit contact corresponding terminals of the detector to interface power and ala [Fig. 2, 10, 12; Para. 0013, 0075, 0077, 0089]; wherein the detector is configured to detect an ambient condition indicative of a fire and in response assert an alarm state at the alarm terminal [Para. 0069]. Yamano does not specifically disclose: (a) use and managing of rechargeable batteries, (b) an amplifier for driving the speaker, or particular audio alert characteristics, of (c) a housing portion formed as a lobe at a side of the mounting portion that has a width narrower than the width of the mounting portion. These features were known in analogous prior art, however, and for example: Schmid discloses an auxiliary device for a hazard alarm, with a similar mounting arrangement comprising a base (SO), an auxiliary device (R1) and detector (M) [Title; Abstract; Fig. 3-4; Para. 0008-0009, 0057], and particularly: (a) that the auxiliary unit may comprise batteries (BAT) and a speaker [Fig. 3-4, 11; Para. 0036, 0059, 0079]. Albert discloses a similar supplemental alert device for mounting separately from, but proximately to, a detector device [Title; Abstract; Fig. 1-2; Para. 0007-0008] and particularly: (a) the use, monitoring and charging of batteries for the supply of power (60, 63) [Fig. 2; Para. 0008, 0043, 0051], and (b) the auxiliary device comprises an audio amplifier for driving a speaker wherein the alert audio signal may be a 520 Hz square wave [Fig. 2; Para. 0038-0041: claim 26-28]. McCracken discloses an analogous smoke detector system adapted for use with an external power source, wherein the smoke detector is mounted on a mounting plate attached to a ceiling or wall, and particularly embodiments in which various accessory units with additional functions, such as a light or backup battery, within a housing may be attached to the mounting plate and connected to the smoke detector, forming an appendage or protrusion adjacent the smoke detector [Title; Abstract; Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)]. McCracken does not disclose that the housing and/or mounting plate portion used by an add-on accessory is narrower that that portion used for the smoke detector but this would have been obvious to an artisan as a simple design choice, without having an effect on the use or function of the invention. The use of a different size housing would, for example, allow the same manufactured accessory units to be used in other systems which may have different size sensor units. In addition, whereas McCracken disclose the mounting portion as a plate (20) for attachment to a wall or ceiling, it would have been obvious to make this plate as large as necessary (larger than the housing elements) in order to accommodate building structural elements, independent of the particular size of sensor, sounder or other accessory housing, and without changing the function of the invention. Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) equip an auxiliary sounder housing with batteries, and control circuits in detector mounting portion as taught by Schmid, where (b) the batteries may be rechargeable, the housing comprising battery charging and monitoring circuits, and an amplifier for driving the speaker at 520 Hz as taught by Albert, and (c) where one or more housing portions may be attached to a common mounting plate, as an appendage to and electrically connected to the smoke detector mount portion as taught by McCracken, and applied to a sounder fitted to an alarm device as taught by Yamano to: (a) allow the device to operate when Ac power is lost, and without requiring periodic battery replacement, (b) to allow provision of a high volume alert, using a known and familiar alert sound, and (c) to allow additional features and capabilities to be added to a smoke detector system on an ad hoc basis. Consider claim 7 and as applied to claim 1: The sounder device of claim 1, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. The ancillary module housings as taught by McCracken, are three-dimensional elements, containing components for performing a particular function [Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)], and as such extend both along the mounting surface in two dimensions, and perpendicular to the surface in a third axis. Note that an objection has been made to this claim as a duplicate of claim 2. Consider claim 9 and as applied to claim 6: The fire detection and alarm system of claim 6, wherein the control circuit is configured to cause the amplifier to drive the speaker at 520 Hz. Albert specifically discloses that the alarm audio signal may be a 520 Hz square wave [Para. 0038-0041: claim 26-28]. Claim 10 is rejected under 35 USC §103 as unpatentable over Yamano (United States Patent Application Publication # US 2009/0085727 A1), Schmid (United States Patent Application Publication # US 2015/0145684 A1), Albert et al. (United States Patent Application Publication # US 2011/0193717 A1), hereinafter Albert, McCracken (United States Patent # US 6,492,907 B1), and further in view of Johnson et al. (United States Patent # US 4,176,346), hereinafter Johnson. Consider claim 10 and as applied to claim 6: The fire detection and alarm system of claim 6, wherein the sounder device further comprises an alarm relay. Yamano does not specifically disclose a sounder unit relay. This was known in analogous prior art, however, and for example: Johnson discloses a smoke alarm network, [Title; Abstract; Fig. 1, 4; Col. 1, 5-8; Col. 2, 51 to Col. 3, 5] and also (c) a switching unit (19) comprising a relay) associated with each smoke alarm (2) (which comprises a sounder device) and connecting to a remote control (alarm) panel (3) [Fig. 1, 3, 4; Col. 4, 4-43]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide a networked smoke alarm network wherein each of a plurality of integrated detector/sounder units comprises a switching unit with one or more relays for interconnecting with a central control panel as taught by Johnson, and applied to a sounder fitted to an alarm device as taught by Yamano and as modified by Schmid, Albert and McCracken, allowing the system to integrate power and signaling within a network, and to insulate the detector/sounder unit from transients on long signal wiring. Claims 11-17 are rejected under 35 USC §103 as unpatentable over Yamano (United States Patent Application Publication # US 2009/0085727 A1) in view of Johnson et al. (United States Patent # US 4,176,346), hereinafter Johnson, Albert et al. (United States Patent Application Publication # US 2011/0193717 A1), hereinafter Albert, and McCracken (United States Patent # US 6,492,907 B1). Consider claim 11: A system for fire detection and alarming for a building having a plurality of residence units, Yamano discloses a sounder fitted to an alarm device that gives an alarm by detecting various kinds of abnormalities, and outputs an alarm to notify the occurrence of an abnormality, based on the output from the alarm device [Title; Abstract; Para. 0001, 0012-0015], comprising: in each residence unit of the plurality of residence units, a plurality of sounder and detector paired units, wherein a detector system comprises: a fitting base (10) to which a base sounder (20) (sounder device) is fitted, and the base sounder interface to a fire detector portion (30), [Fig. 1, 2; Para. 0071, 0074-0075]; each sounder and detector paired unit comprising: a sounder unit mounted on a wall at a back of the sounder unit which defines a common plane, the sounder unit having an electrical connector including an alarm line, the sounder unit having a mounting portion having a mounting surface, and having an electrical connector disposed at the mounting surface having power terminals and an alarm terminal, the alarm terminal being connected to the alarm line, the sounder unit having a housing portion formed as a lobe at a side of the mounting portion in a direction parallel to the common plane; wherein the fitting base (10) is mounted to a ceiling (or in embodiments, to a wall) and wherein a base sounder (20) (sounder device) top side is fitted to the fitting base bottom side [Fig. 1, 2; Para. 0071, 0074-0075, 0098]; wherein the base sounder bottom side is configured to interface to a fire detector portion (30), the both the fire detector and sounder base having interfacing contacts (terminals) (three shown) for power and detector output [Fig. 1-2; Para. 0075, 0077]; a detector that is mounted at the mounting surface and electrically connected to the electrical connector, the detector being configured to detect at least one of fire or smoke and generate an alarm signal at the alarm terminal and an audible alarm at a first frequency; the fire detector and sounder base having interfacing contacts (terminals) (three shown) for power and detector output and when an abnormality is detected (which may be a fire) a signal is output from the detector and input to the sounder[Fig. 1-2; Para. 0069-0070, 0075, 0077]; and wherein the sounder unit is configured to detect the alarm signal and in response generate an audible alarm at a second frequency; wherein the sounder portion may emit an audible signal [Para. 0071]; and wherein an alarm relay of the sounder unit is connected to an alarm panel of the building. Yamano does not specifically disclose: (a) use in a building with multiple residence units with multiple sounder/detector pairs), (b) that the detector and sounder units each emit an audio signal, but with different frequencies, of (c) a sounder unit relay connected to a building alarm panel, or (d) a housing portion formed as a lobe at a side of the mounting portion in a direction parallel to the common plane. These features were known in analogous prior art, however, and for example: Johnson discloses a smoke alarm network, comprising: (a) a plurality of distributed detectors, for buildings such as suites in a hotel (multiple residences) [Title; Abstract; Fig. 1, 4; Col. 1, 5-8; Col. 2, 51 to Col. 3, 5] and also (c) a switching unit (19) (comprising a relay) associated with each smoke alarm (2) (which comprises a sounder device) and connecting to a remote control (alarm) panel (3) [Fig. 1, 3, 4; Col. 4, 4-43]. Albert discloses a similar supplemental alert device for mounting separately from, but proximately to, a detector device [Title; Abstract; Fig. 1-2; Para. 0007-0008] and particularly: (b) the auxiliary device may receive an audio alarm signal from a typical smoke detector having a frequency of 2900-3400 Hz, and driving a speaker wherein the generated alert audio signal may be a 520 Hz square wave [Fig. 2; Para. 0005-0006, 0032, 0038-0041: claim 26-28]. McCracken discloses an analogous smoke detector system adapted for use with an external power source, wherein the smoke detector is mounted on a mounting plate attached to a ceiling or wall, and particularly embodiments in which various accessory units with additional functions, such as a light or backup battery, within a housing may be attached to the mounting plate and connected to the smoke detector, forming an appendage or protrusion adjacent the smoke detector [Title; Abstract; Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) provide a networked smoke alarm network for a building with a plurality of living suites, and wherein (c) each of a plurality of integrated detector/sounder units comprises a switching unit with one or more relays for interconnecting with a central control panel as taught by Johnson, and (b) that a detector unit may emit a alarm at a frequency of 2900-3400 Hz and an ancillary sounder unit may provide a 520 Hz alert, as taught by Albert, and (d) where one or more housing portions may be attached to a common mounting plate, as an appendage to and electrically connected to the smoke detector mount portion as taught by McCracken, applied to a sounder fitted to an alarm device as taught by Yamano to: (a, c) to provide an integrated fire and smoke alarm for a multi-unit building, and provide remote notification of an event, (b) to allow use of an off the shelf smoke detector unit with an alert in the 3000 Hz range and to provide a standard lower frequency alarm, required in certain jurisdictions, and (d) to allow additional features and capabilities to be added to a smoke detector system on an ad hoc basis. Consider claim 12 and as applied to claim 11: The system of claim 11, wherein the first frequency is 3250 Hz and the second frequency is 520 Hz. Albert discloses that the auxiliary (sounder) device may receive an audio alarm signal from a typical smoke detector having a frequency of 2900-3400 Hz, and driving a speaker wherein the generated alert audio signal may be a 520 Hz square wave [Fig. 2; Para. 0005-0006, 0032, 0038-0041: claim 26-28]. Consider claim 13 and as applied to claim 11: The system of claim 11, wherein the sounder unit includes a rechargeable battery that is charged via the electrical connector. Albert teaches operation from a battery, but not explicitly as automatic backup if primary power is lost. This is well known in prior art, however, and for example: McCracken discloses use of rechargeable batteries in a backup capacity as part of an accessory unit connected to external power terminals [Fig. 3-4; Col. 8, 17-65]. Consider claim 14 and as applied to claim 13: The system of claim 13, wherein the rechargeable battery and an audio amplifier are housed in in the housing portion. McCracken discloses one or more accessory housings, connected as a chain to external power, and a particular accessory embodiment which contains rechargeable batteries for performing a backup function [Fig. 3-7; Col. 8, 17-65]. Consider claim 15 and as applied to claim 11: The system of claim 11, wherein the alarm line of each residence unit of the plurality of residence units is the only alarm line connected between the residence unit and the alarm panel for each residence unit of the plurality of residence units. Yamano discloses three connections with respect to the detector and sounder, suggesting a pair for power (power and ground) and a single connection for signal [Fig. 3]. Johnson, moreover, discloses that each smoke alarm unit is associated with a single discrete connection (32) between the particular unit and the central panel [Fig. 1, 4; Col. 9, 54 to Col. 10, 8]. Consider claim 16 and as applied to claim 11: The system of claim 11, wherein the housing portion has a width that is narrower than a width of the mounting portion in a direction parallel to the common plane. McCracken does not disclose that the housing and/or mounting plate portion used by an add-on accessory is narrower that that portion used for the smoke detector but this would have been obvious to an artisan as a simple design choice, without having an effect on the use or function of the invention. The use of a different size housing would, for example, allow the same manufactured accessory units to be used in other systems which may have different size sensor units. In addition, whereas McCracken disclose the mounting portion as a plate (20) for attachment to a wall or ceiling, it would have been obvious to make this plate as large as necessary (larger than the housing elements) in order to accommodate building structural elements, independent of the particular size of sensor, sounder or other accessory housing, and without changing the function of the invention. Consider claim 17 and as applied to claim 11: The system of claim 11, wherein the housing portion extends outward relative the mounting surface in a direction perpendicular to the mounting surface. The ancillary module housings as taught by McCracken, are three-dimensional elements, containing components for performing a particular function [Fig. 1-7; Col. 4, 29-67 (also Col. 8, 17 to Col. 9, 11)], and as such extend both along the mounting surface in two dimensions, and perpendicular to the surface in a third axis. Allowable Subject Matter Objection is made to claims 3, 8 and 18 as dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and further subject to the filing and acceptance of a terminal disclaimer to overcome the non-statutory double patenting rejection of these claims in this Office action. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Wehrle, et al. (U.S. Patent # US 5,486,811 A) disclosing a fire detection and extinguishment system. Thorpe, et al. (U.S. Patent Application Publication # US 2024/0078894 A1) disclosing a smoke alarm tamper protection device. Konrad (U.S. Patent Application Publication # US 2021/0083238 A1) disclosing a housing for a replaceable stored energy source with a connection option for supplying power to an electronic device that can be connected thereto, and a wireless hazard detector. Hojmose (U.S. Patent Application Publication # US 2012/0268281 A1) disclosing a smoke alarm. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800)786-9199 (IN USA OR CANADA) or (571)272-1000. /STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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Prosecution Timeline

Aug 05, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §103, §DP (current)

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